[HISTORY: Adopted by the Town Board of the Town of Algoma 5-21-2003 by Ord. No. 111. Amendments noted where applicable.]
GENERAL REFERENCES
Finance — See Ch. 33.
The Town Board of the Town of Algoma has the specific authority,
powers and duties pursuant to §§ 19.21, 19.22, 19.23,
19.31, 19.33, 19.34, 19.35, 19.36, 19.37, 19.84, 19.85, 60.22 and
60.83, Wis. Stats., to manage and direct certain affairs related to
Town of Algoma public records and Town of Algoma public property.
The Town Board of the Town of Algoma has, by adoption of this
chapter, confirmed the specific statutory authority, powers and duties
in Chs. 19 and 60, Wis. Stats., and has established by these chapters
the statutory powers and duties of the Town Board of the Town of Algoma
related to Town of Algoma records and Town of Algoma property.
All public records and public properties belonging to the Town
of Algoma, including records and public properties of officers, special
officers, committees, commissions, agencies, authorities, boards or
other special government units of the Town of Algoma, shall be safely
kept, properly maintained and carefully preserved by the legal custodian
thereof when:
A.
These officers, employees or agents receive custody of the public
records and public property from their predecessor or other persons.
B.
These public records and public properties are required by state
law or by Town of Algoma ordinance to be filed, deposited or kept
in the offices of these officers, employees or agents.
C.
These public records and public properties are in lawful possession
of these officers, employees or agents or the possession or control
of which these officers, employees or agents may be lawfully entitled
by state law or by Town of Algoma ordinance.
All public records and public properties of the Town of Algoma,
including records and properties of offices, special offices, committees,
commissions, agencies, authorities, boards or other special government
units of the Town of Algoma, shall be delivered by the officer, employee
or agent of these Town of Algoma government units to the successor
officer, employee or agent of these Town of Algoma government units
upon demand by the officer, employee or agent of these Town of Algoma
government units, upon expiration of the officer's term of office,
upon the expiration of the employee's term of employment or upon the
expiration of the agent's term of agency with the Town of Algoma,
or upon the vacancy of the office. Upon death, the legal representative
shall be responsible to deliver such public records or public properties
upon demand to the successor of the deceased. The successor officer,
successor employee or successor agent of the Town of Algoma government
units shall acknowledge receipt of the public records and public properties
and shall provide receipt to the officer, employee, agent or legal
representative. The officer, employee, agent or legal representative
shall file a copy of such receipt with the Town Clerk of the Town
of Algoma. If a vacancy occurs before a successor is qualified, employed
or retained by the Town of Algoma, such public records and public
properties shall be delivered to the Town Clerk of the Town of Algoma.
The Town Clerk of the Town of Algoma shall acknowledge receipt and
shall provide a receipt to the officer, employee, agent or legal representative.
The Town Clerk of the Town of Algoma shall receipt these public records
and public properties on behalf of the successor and these public
records and public properties shall be delivered by the Town Clerk
of the Town of Algoma to the successor upon the latter's receipt of
office, employment or retention with the Town of Algoma.
A.
Custodian of records.
(1)
The below-noted offices, special offices, committees, commissions,
agencies, authorities, boards or other special government units of
the Town of Algoma have designated the below-noted as legal custodians
of their public records:[1]
|
Office
|
Custodian
| |
|---|---|---|
|
Town Administrator
|
Town Administrator/Town Clerk
| |
|
Town Board
|
Town Clerk
| |
|
Board of Review
|
Town Clerk
| |
|
Assessment
|
Assessor
| |
|
Planning Commission
|
Town Clerk
| |
|
Parks Committee
|
Town Clerk
|
(2)
If no offices, special offices, committees, commissions, agencies,
authorities, boards or other special government units of the Town
of Algoma have been designated for any particular public records,
then the legal custodian for those records shall be the Town Clerk
of the Town of Algoma or, if so designated by ordinance, another officer
of the Town of Algoma.[2]
B.
Public notice of record location.
(1)
The above-noted offices, special offices, committees, commissions,
agencies, authorities, boards and other special government units of
the Town of Algoma shall adopt and display a public notice related
to the custody of the public records under their custody. The public
notice noted above shall be designed and published as noted below:
(a)
Notice complying with § 19.34(1), Wis. Stats., shall
be posted conspicuously at the entrance to the Town Hall.
(2)
The Town Board of the Town of Algoma, for the below-noted offices,
special offices, committees, commissions, agencies, authorities, boards
or other special government units of the Town of Algoma, declares,
by this chapter, that these offices, special offices, committees,
commissions, agencies, authorities, boards or other special government
units or their legal custodians do not have regular office hours to
allow for inspection of records:
(a)
None.
(3)
The above public notice shall reflect, when displayed and published,
if there are no regular business hours by the custodians and shall
provide the alternative days and hours provided for access to and
inspection of public records. The days and hours wherein which public
access and inspection of public records are permitted are noted below:
(a)
None.
(4)
If no regular hours exist, any person seeking a public record must
provide at least 24 hours' advance written notice to the legal custodian
if a regular two-consecutive-hour-per-week schedule has been established
and noticed by a custodian in which access to the public record is
permitted.
(5)
If no regular schedule and no regular office hours are established
as noticed above, then access to public records shall be permitted
upon at least 48 hours' written or oral notice by the person seeking
the records to the legal custodian stating his or her intent to inspect
specific records with those records so described.
C.
Access to records.
(1)
The legal custodian of any public record of the above-noted offices,
special offices, committees, commissions, agencies, authorities, boards
or any other special government units of the Town of Algoma shall
provide to any person the right to inspect any public record except
where a specific statute, this chapter or a similar public policy
based on the exemptions in § 19.85, Wis. Stats., allows
the legal custodian to restrict public access to these records. The
legal custodian, when claiming a specific exemption for denying access
to public record, must make a specific demonstration to the person
demanding access that there is a need to restrict public access at
the time of the request for access to the public record.[3]
(2)
If and when the need to restrict the public record from public access
has been eliminated, then the legal custodian must provide public
access to the record. The legal custodian shall provide adequate security
and restrictions for the public record when and if the legal custodian
determines the record must be restricted from public access.
(3)
The specific exemptions that may allow the legal custodian to restrict
public access to records include but are not limited to those public
policy exemptions for closed meetings listed in § 19.85,
Wis. Stats.
D.
Copying/photographing public records.
(1)
The legal custodian shall comply with the provision of § 19.35,
Wis. Stats., relating to allowing a person access to a public record
to allow copying or photographing of a written public record, an audiotape,
a videotape or a record to be published for later sale and distribution.
The legal custodian may demand a specific written request of the person
requesting the public record wherein the request will reasonably describe
for the legal custodian the requested record. The request must have
a reasonable limitation as to the subject matter or to the length
of time represented by the record. If the legal custodian does not
believe the request for the public record is sufficiently limited,
the legal custodian shall notice or attempt to notice the requesting
person that further subject matter or time limitations must be provided
before the public record request can be fully met. The legal custodian
cannot request the name of the requesting person or the reasons for
the need to access the public record except if the legal custodian
keeps the public record at a private residence or if the legal custodian,
for security reasons, believes identification is necessary and appropriate
or except if federal law and regulations require identification of
the requesting person.
(2)
The legal custodian may require supervision during the inspection
and copying of any public record and may impose reasonable restrictions
in the manner of access to certain records if the records are irreplaceable
or easily damaged. The Town Board of the Town of Algoma declares the
following records irreplaceable or easily damaged and establishes
the following conditions for access and copying:
(a)
None.
(3)
The Town Board of the Town of Algoma has the following facilities
(if any) for inspection, copying and abstracting the records during
established office hours: photocopy machine available during regular
office hours at Town Hall.
(4)
The Town Board of the Town of Algoma is not required to purchase
or lease for any requesting person any equipment or facilities for
photocopying, photographing or other copying.
E.
Fees.
(1)
The Town of Algoma may charge the actual, necessary and direct reproduction
costs for a copy of a record. The Town Board of the Town of Algoma
has declared these costs to be as follows:
(a)
A charge per page for any record which can be copied on the
photocopy machine or computer as established from time to time by
the Town Board.
(b)
The actual reproduction cost plus reimbursement of the employees'
time charged at employees' prevailing wage rate for material that
must be reproduced otherwise.
(2)
The Town Board of the Town of Algoma declares offices, special offices,
committees, commissions, agencies, authorities, boards and other special
government units of the Town of Algoma need not pay for copying costs
for public records.
(3)
In addition to the copying cost charge, a fee for locating the record
will be charged, if the cost to locate is more than $50, and a fee
may be charged for the actual necessary and direct mailing or shipping
fee. The Town of Algoma may require a prepayment of the fee if the
total fees established by this subsection will exceed $5.
F.
Formal request.
(1)
If the above-noted Town Board of the Town of Algoma, any offices,
any special offices, any committees, any commissions, any agencies,
any authorities, any boards or any other special government units
of the Town of Algoma receive a request for a record, they shall as
soon as practicable and without delay either fill the request or notify
the requesting person to deny the request, in whole or in part, and
the reason for the denial.
(2)
If the requesting person makes the request orally, the previously
noted offices, committees, commissions, boards or other special government
units of the Town of Algoma may deny the request orally unless a demand
for a written statement of the reason for denying the request is made
by the requesting person within five business days of the oral denial.
If the above-noted government bodies deny a written request, in whole
or in part, the requesting person shall receive from the denying government
body a written statement of the reason for denying the request. The
written denial by these government bodies shall include a notice that
this determination for denial is reviewable by mandamus under § 19.37(1),
Wis. Stats., or upon application to the attorney general or district
attorney of the County of Winnebago.
G.
Record destruction. The Town Board of the Town of Algoma, any officer,
any office, any special office, any committee, any commission, any
agency, any authority, any board or other special government unit
of the Town of Algoma or any officer, employee or agent of the above-noted
may not destroy any public record at any time after any of the above-noted
receive a request for inspection or copying of the record until after
the request is granted or until at least 60 days after the date the
request is denied. If an action is commenced under § 19.37,
Wis. Stats., within 150 days after the request is denied or after
the decision of the trial court, whichever is later, the requested
record may not be destroyed until after the final order of the trial
court and after any final appellate court action. Upon order to produce
the record and the order is not appealed, the requested record may
not be destroyed until after the request for inspection or copying
is granted.
H.
Limitation upon access. Prior to any public release, the legal custodian
shall separate specific information and material from the public record
that should not be released to the public because the release of the
information or material would be prejudicial to the public interest.
Specifically, certain records are exempt pursuant to § 19.36,
Wis. Stats., from public release and may be withheld by the Town of
Algoma from disclosure:
(1)
Records which are specifically exempted from disclosure by federal
or state law.
(2)
Law enforcement records relating to investigations and information
obtained for law enforcement purposes that are required by federal
law or regulation to be withheld as a condition to receipt of aid
by the state.
(3)
Records produced or collected under a contract entered into with
a private person.
(4)
Materials used for input for a computer program or the material produced
as a product of the computer program.
(5)
Any record or a portion of a record containing information qualifying
as a common law trade secret.
(6)
Any record not to be disclosed as a public record under the public
policy provision of § 19.85, Wis. Stats., related to open
meetings.
The Town Board of the Town of Algoma, any office, any special office, any committee, any commission, any agency, any authority, any board or any other special government units of the Town of Algoma and the officers, employees and agents of the aforesaid, prior to the destruction of any public records belonging to the Town of Algoma, noted below in § 76-7, shall provide at least 60 days' notice, in writing, to the State Historical Society of Wisconsin. The Town Board of the Town of Algoma shall not be requested, pursuant to § 19.21, Wis. Stats., to provide notice to the State Historical Society of Wisconsin if the Town Board previously, by application, has received a waiver.
The Town Board of the Town of Algoma, any office, any special
office, any committee, any commission, any agency, any authority,
any board or any other special government units of the Town of Algoma
and the officers, employees and agents of the aforesaid shall destroy
the following public records of the Town of Algoma only upon the conditions
noted below and at the time noted below:
A.
Obsolete financial records. All financial records of the Town of
Algoma that are not utility records: the Town Board of the Town of
Algoma, any office, any special office, any committee, any commission,
any agency, any authority, any board or any other special government
units of the Town of Algoma and the officers, employees or agents
of the aforesaid, who are the legal custodians of these financial
records of the Town of Algoma, if these financial records are considered
obsolete, may destroy these financial records at any time seven years
after the record was effective, unless a shorter time period has been
fixed by the State Public Records Board pursuant to § 16.61(3)(e),
Wis. Stats., and then only after that shorter time period.
B.
Other obsolete records. All other public records of the Town of Algoma
that are not utility or financial records: the Town Board of the Town
of Algoma, any office, any special office, any committee, any commission,
any agency, any authority, any board or any other special government
units of the Town of Algoma and the officers, employees or agents
of the aforesaid who are the legal custodians of these records of
the Town of Algoma, if these records are considered obsolete, may
destroy these records at any time seven years after the record was
effective unless another period has been set by statute and then only
after such a period, or unless a shorter time period has been fixed
by the State Public Records Board pursuant to § 16.61(3)(e),
Wis. Stats., and then only after that shorter time period. No assessment
roll containing forest crop acreage in the Town of Algoma may be destroyed
without prior approval of the Department of Revenue.
The Town Board of the Town of Algoma desires specifically that
the following public records of the Town Board of the Town of Algoma,
its offices, its special offices, its committees, its commissions,
its agencies, its authorities, its boards or other special government
units of the Town of Algoma not be destroyed until after the years
listed below:
A.
Tax receipts for the Town of Algoma: seven years after the receipt
was issued by the Town of Algoma.
B.
Contracts and insurance policies issued to Town of Algoma: seven
years after the policy was issued to the Town of Algoma.
C.
Legal claims against the Town of Algoma: seven years after the claim
was noticed to the Town of Algoma.
The Town Board of the Town of Algoma, any office, any special
office, committee, any commission, any agency, any authority, any
board or any other special government units of the Town of Algoma
and the officers, employees and agents of the aforesaid may destroy
any taped records of any public meeting of the aforesaid no sooner
than 90 days after the public meeting minutes have been approved by
the appropriate government unit if the purpose of the tape recording
was to make and maintain minutes of the public meeting.
